Settlement Deed

Rohit Telang (Querist) 12 January 2011 This query is : Resolved
Sir,
Iam staying in Mumbai with my widowed mother in a flat in a CHS.My father purchased the flat and he died without a will.I have one married sister.My question is :As my mother has 1/3 share in the flat,can she make a settlement deed which guarantees me her 1/3 share after her demise?She can retain her claim(1/3)during her lifetime.I do not want her to make a will now,as she can change the will lateron.Instead of the will,can I ask her to make a settlement deed giving her share to me after her?She says that she will give her share to me only.How can I get that guarantee?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 12 January 2011
The Deed of Settlement can not settle the future devolution of property. Your preference can not be covered by Settlement deed rather go for gift deed or Will. You can not help anyway if your mother has decided to bequeath her property to any person she chooses as long as the same still belongs to her.

Uma parameswaran (Expert) 13 January 2011
Only you can ask a WILL.Up to an extent you will get guarantee if you give a happy and peaceful life to her.